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Both the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1 to 16, and the New Jersey Arbitration Act (NJAA), N.J.S.A. 2A:23B-1 to -32, encourage enforcement of arbitration agreements and speak to the general principle that such agreements are to be favored by the courts. Recently, the United States Supreme Court in Kindred Nursing Ctrs. L.P. v. Clark, 581 U.S.__, 137 S. Ct. 1421, 1426 (2017), reiterated this favored status, holding that the FAA … [Read more...] about NJ Supreme Court Strikes Down Arbitration Clause Based on Theory of Mutuality of Assent under Ordinary Person Test

Schiller, Pittenger & Galvin, P.C., represented a 30-year old man who, while operating his motor vehicle in a lawful manner in Paterson, New Jersey, was struck by another vehicle traveling the wrong way on a one way street. The vehicle driven by the defendant did not stop at the intersection and broadsided the plaintiff’s vehicle, which rolled over and trapped the plaintiff’s hand between his vehicle and the road. The plaintiff had to undergo … [Read more...] about $725,000 Settlement in Motor Vehicle Accident

Schiller, Pittenger & Galvin, P.C., represented a 43-year old man who was operating his motorcycle on the Garden State Parkway when the trailer being towed ahead of him lost a wheel which came to rest in the roadway. The motorcycle operator struck the wheel and was thrown from the motorcycle, suffering knee and shoulder injuries that required surgery. … [Read more...] about $342,500 Settlement for Motorcycle Accident

Schiller, Pittenger & Galvin, P.C., represented a 73-year old woman who fell from a raised curb onto a hotel parking lot. The evidence showed that the brick sidewalk had sunk in certain areas, causing her to trip over the curb. She sustained a shoulder rotator cuff tear, which required arthroscopic surgery and, eventually, shoulder replacement. … [Read more...] about $180,000 Settlement for Slip and Fall

The Municipal Land Use Law (MLUL) authorizes municipalities to regulate land use by adopting zoning ordinances and ordinances requiring subdivision and site plan approval. Before doing so, however, the municipality must create a planning board. The MLUL divides the membership of the planning board into classes, which include the mayor (Class I), a member of the governing body (Class III) and another municipal official (Class II). … [Read more...] about Appellate Division Decision Casts Doubt on Practical Ability of Certain Municipal Officials to Serve on Planning Board

Robert Woodruff, of counsel to Schiller, Pittenger & Galvin, P.C., recently settled an employment matter on behalf of a police officer for the sum of $450,000. The police officer brought  to the attention of his superior officers the failure of the department to adhere to particular training and instructions as set forth by various state agencies. The pleadings alleged that after he brought these matters to light he was subjected to … [Read more...] about Police Officer’s Whistleblower Lawsuit Settles for $450,000